The Denver Post reports Saturday that Neisler suffered a broken blister on his right big toe from ill-fitting boots worn while he worked in the kitchen. He says medical staff ignored a serious injury for a diabetic and waited a month last summer before taking him to a hospital.

He was in jail awaiting resolution of misdemeanor domestic violence and drunken driving charges.

In a response to the lawsuit, CHC claims others outside their control, including Neisler, may have contributed to the injury.